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The rift in the definitions causes a few select cases where the licenses are open source but not technically free software licenses.
FORBES: Beliefs And Misbeliefs About Open Source Software
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Levin's software scans a given program, looking for strings of code that might be open source, then identifies the licenses that apply.
FORBES: Code Inspector
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For now, it appears that the API Copyright Troll concept is limited to the particular case of Java, software created corporate owners (Sun) who chose to make it free and open source, but was then purchased by a company (Oracle) that has had enormous success in selling licenses and services for the software it developed.
FORBES: Oracle Vs. Google And A New Kind of Patent Troll
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InterVideo has made it clear that it is issuing a legal player that won't push the DVD industry's buttons -- that is, one that licenses the Content Scrambling System (CSS) -- and the software thus cannot be open source.
CNN: InterVideo brings DVD functionality to Linux